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First Steps

If you or a loved one have already been arrested it is essential that you be informed. What can be done immediately after an arrest and how to take action as soon as possible for your own defense is critical information.
There is a 10-day window of opportunity to request a hearing with the DMV or your license will be automatically suspended. Knowing what to do first and how to take action will make every difference in your defense.

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DUI Info

Driving Under the Influence or DUI investigations are implemented for many reasons. Ultimately, the prosecutor in a DUI prosecution is required to prove each and every element of the offense beyond a reasonable doubt, and in the case of reasonable doubt of the DUI suspect's guilt, a jury must find the driver not guilty.

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Resources

From getting released from custody, requesting a DMV hearing, or post-conviction relief like
expungements, there are many resources available to you to help you navigate being charged with a DUI
in California.

About Us

Criminal defense attorney Darren T. Kavinoky, and the experienced attorneys of The Kavinoky Law Firm, have a proven track record of success and are committed to providing you with a relentlessly thorough
defense. Please contact us for a consultation at no charge.

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DUI Penalties

Sentencing Alternatives

The consequences of a Driving Under the Influence (DUI) conviction can be grave – many drivers receive substantial fines, jail sentences, and driver’s license suspensions. However, many courts have developed alternative sentencing programs that give authorities greater flexibility in meting out punishment. An experienced California attorney who focuses on drunk-driving defense will explain the types of alternative sentencing available in your case.

Sentencing alternatives are typically designed to help as well as punish the guilty driver. Alternative sentences allow DUI offenders to retain their jobs and seek treatment for alcoholism, if needed – opportunities that are rarely available in county jail.

Community Service & Work Custody Credits

Some sentencing alternatives will allow “good time/work time custody credits”. Good time/work time custody credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been spent in county jail.

Ignition Interlock Devices & Work Furloughs

Other sentencing alternatives include ignition interlock devices (machines attached to vehicles which require drivers to blow into a breath detector before starting the car) and the Secure Continuous Remote Alcohol Monitor, or SCRAM, which measures alcohol by way of a device attached to the DUI offender’s ankle.

Another option is work furlough, which allows a DUI offender to go to work during the day and check into a dormitory-style housing facility at night. Some defendants may be eligible for work release, which allows the offender to work at an approved location and return home at night.

Some offenders are allowed to serve jail sentences at “weekend jails” at local police stations rather than county jails. Many local police departments will “rent out” their jail cells to DUI offenders overnight or for a weekend.

Because of the harsh consequences that drunk-driving defendants face, alternative sentencing options can be an attractive alternative to incarceration. An experienced California DUI lawyer will review each case individually to determine whether sentencing alternatives may be available.